STATE, DEP v. CALDEIRA


768 A.2d 782 (2001)

338 N.J. Super. 203

State of NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION, Plaintiff-Appellant/Cross-Respondent, v. Joseph J. CALDEIRA, Sr., individually, and as prior Owner, Operator, Manager, Director, Officer and/or Shareholder of Forcees, Inc., Caldeira Brothers, Inc., and Southern Ocean Landfill, Inc., Defendant-Respondent/Cross-Appellant, and Joseph J. Caldeira, Jr., individually, and as Owner, Operator, Manager, Director, Officer and/or Shareholder of Forcees, Inc. and Caldeira Brothers, Inc., Caldeira Brothers, Inc., U.S.A. Waste Recycling of New Jersey, Inc., a corporation of the State of New Jersey and corporate successor to Caldeira Brothers, Inc., Defendants-Respondents, and Southern Ocean Landfill, Inc., a corporation of the State of New Jersey, Defendant.

Superior Court of New Jersey, Appellate Division.

Decided March 16, 2001.


Attorney(s) appearing for the Case

Lisa T. Wahler, Deputy Attorney General, argued the cause for appellant/cross-respondent New Jersey Department of Environmental Protection (John J. Farmer, Jr., Attorney General, attorney; Andrea M. Silkowitz, Assistant Attorney General, of counsel; Ms. Wahler, on the brief).

Kevin Starkey, Toms River, argued the cause for respondent/cross-appellant Joseph J. Caldeira, Sr. (Starkey, Kelly, Blaney & White, attorneys; Dina R. Khajezadeh, on the brief).

Frank W. Gasiorowski, Scotch Plains, argued the cause for respondent Joseph J. Caldeira, Jr. (Gasiorowski & DeMassi, attorneys; Mr. Gasiorowski, on the brief).

James O'Toole, Philadelphia, PA, argued the cause for respondent U.S.A. Waste Recycling of New Jersey, Inc. (Saul, Ewing, Remick & Saul, attorneys; Mr. O'Toole, of counsel and on the brief; James A. Keller, also on the brief).

No brief was submitted on behalf of Southern Ocean Landfill, Inc.

Before Judges KEEFE, EICHEN and STEINBERG.


The opinion of the court was delivered by EICHEN, J.A.D.

On April 23, 1999, the New Jersey Department of Environmental Protection (DEP) filed a complaint against the owners and operators of various solid waste public utility companies, the companies, and their related entities, under the Uniform Fraudulent Transfer Act, N.J.S.A. 25:2-20 to -34 (the Fraudulent Transfer Act or Act). Named as defendants are Joseph J....

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